Public service is ... Federal law "On the state civil service of the Russian Federation"

Public service is a type of activity of employees of state organizations, carried out on a professional basis. In the Russian Federation, there are many state institutions necessary for governing a country, performing its functions and tasks, and the country's existence in principle.

The concept of "public service"

Federal Law "On the Civil Service System of the Russian Federation" dated 05.27.2003 No. 58 states that the Civil Service (public service) is a professional occupation of people, citizens of Russia, in the guaranteed execution of the powers of the Russian Federation, federal state authorities, subjects of the country, state authorities of the regions , as well as persons who fill the posts established by the Constitution of the Russian Federation and the Federal Law for the direct implementation of the powers of federal state bodies and persons who fill the posts established by the laws of the regions of the country for the direct implementation of the powers of state structures ur subjects of the Russian Federation.

The Federal Law on Civil Service defines the organizational and legal principles of the GS system of Russia, including its management system. This law does not regulate the activities of citizens replacing government posts of the Russian Federation and the posts of leaders of the country's subjects.

HS system

The public service system, according to Federal Law-58, includes the state civil, military and law enforcement services.

The State Civil Service (ГГС) is one of the types of the federal ГС, which is a professional service occupation of citizens of the Russian Federation in the civil service positions to exercise the powers of federal and regional authorities, as well as persons who replace the state. positions of the Russian Federation, and persons who replace state. positions of regions of the Russian Federation. It is divided into the federal service and the service of the constituent entities of the Russian Federation. The civilian civil society includes various institutions, for example, the state cadastre service, the federal agency of scientific organizations, the department of education, the Pension Fund of the Russian Federation, etc.

Military service is one of the types of federal civil service, which is a professional service line of activity of citizens of the Russian Federation in military posts, as well as in some other stipulated by the Federal Law and (or) legislative acts of the president of the country, in the Armed Forces of Russia, other types of troops, military formations and structures that implement tasks to ensure the security and defense of the state. Citizens engaged in military service are assigned military ranks.

Law enforcement service is one of the types of the federal civil service, which is a professional service line of activity of citizens of the Russian Federation in the positions of state law enforcement agencies or institutions and organizations that exercise the functions of ensuring the rule of law, security, combating crime, law enforcement, protecting the rights and interests of people . Citizens employed in the law enforcement service are awarded class ranks and special ranks.

The federal public service is a professional occupation of people in ensuring the fulfillment of the powers of the Russian Federation, the direct duties of federal authorities and persons replacing state. country posts. The military and law enforcement services of Russia are the federal civil service.

Principles of Public Service

The public service system is based on certain principles of its construction and functioning:

• on federalism - the principle that ensures the unity of the HS system and the observance of the constitutional structure, delimitation of functionality and rights between federal authorities and authorities of the regions of the Russian Federation;
• on the principle of legality;
• on equal access of citizens to the HS;
• on the primacy of human rights and freedoms, on their mandatory recognition, their protection and observance;
• on the relationship between the civil service and the municipal service;
• on the principle of the unity of legal and organizational principles of the Civil Society, which legally consolidate a unified approach to the structure of civil service;
• on the openness of the HS, its accessibility of control by the company, the provision of objective information to citizens about the activities of state employees;
• on the principle of competence and professionalism of civil servants;
• on the provision on the protection of civil servants from unlawful interference in their activities both by state structures and officials, and by other citizens and enterprises.

HS posts

According to Article 8 of the aforementioned Federal Law, the posts of civil servants are divided into:

• positions of the federal civil service;
• GHS posts of constituent entities of the Russian Federation;
• military posts;
• law enforcement posts.

It is also customary to divide public service posts into categories and / or groups in accordance with the federal and regional laws of the country. There are also such posts in the federal state. body and body of the subject of the Russian Federation, which are not GS posts. The labor activity of workers holding such jobs is regulated by labor law.

For persons who replace jobs in the HS, federal laws and other regulatory acts of the federal and regional level establish qualification requirements.

Public service posts are listed in special registers. The latter form the lists of typical service posts of the federal civilian civil service, military service and law enforcement service posts. The lists of jobs of the federal parliament are approved by the president of the country. And the position registers of civilian civil subjects - the legislation of the regions of the Russian Federation.

General Terms and Conditions

The Federal Law on Civil Service defines the general conditions of the Civil Society - the particularities of creating personnel, entering the civil service, passing it and terminating it, the particulars of appropriating the corresponding classes and ranks, accounting for the experience and storage of personal data of state clerks. In more detail, all these and other conditions of the HS are determined by the relevant Federal Law on the type of civil service.

The formation of the civil service staff is ensured by:

• the creation of a personnel reserve at all levels of the HS and its effective use;
• development of professional skills and qualities of civil servants;
• assessment of the results of professional activities of employees in the process of certification or passing a qualification exam;
• creating accessibility for the growth of civil servants;
• application of modern personnel technologies;
• use of educational systems federal state educational standards.

The training of future employees of government bodies is carried out by the Academy of Public Administration under the President of the Russian Federation. Also, this institution provides professional retraining of personnel and further training. It can be noted that the Academy of Public Administration was created by presidential decree of 06/06/1994 and to this day successfully performs the functions assigned to it.

Only those persons who have reached the appropriate position of age and who know the state language of the Russian Federation and are fluent in it are eligible to apply to the Civil Society. Subjects of Russia may also establish other criteria for admitting citizens to public service bodies at the regional level.Also, other requirements for candidates may be put forward by the Federal Law on the type of civil service. The same laws should determine the terms of contracts, the procedure for concluding and terminating them. In general, HS agreements can be concluded for a definite or indefinite period, as well as for a period of study in educational organization by profession and for a certain period of public service after its completion. The Federal Law on the type of HS establishes the maximum service life in the relevant position.

Public service is an activity in which an employee is successively assigned the appropriate classes and ranks, ranks of diplomats, military or special ranks, depending on the type of public service. Their general procedure is spelled out in FZ-79 and FZ-59, and the peculiarities of conferring ranks and ranks in various state institutions are also enshrined in additional legislative acts. For example, the state cartography service, like any other HS, is guided for this purpose by an exemplary special table of parities for class ranks, ranks and ranks, which is established by order of the President of the Russian Federation.

It is possible to deprive a citizen of his class rank, rank or title by court decision.

When transferring to the post of a HS of a different kind, all previous assigned classes and ranks are taken into account, and in case of dismissal or dismissal, some of them are retained.

A register of civil servants is kept in the federal and regional bodies of the Russian Federation, all data on which are classified information, state secrets.

HS Management and Financing

Public service management is carried out in accordance with Art. 16 FZ-58, on the basis of which the HS management system is created at the federal level and at the level of the constituent entities of the Russian Federation.

To improve the civil service system, federal and regional programs for reforming and developing the federal civil service and civil service are regularly implemented.

The federal public service and civilian subjects of the constituent entities are financed from the federal treasury or the regional budget, respectively, in the manner established by the Federal Law and other regulatory legal acts of the Russian Federation, laws and other acts of the constituent entities of Russia.

Federal Law on Civil Civil Service of the Russian Federation

The civilian civil service in Russia is regulated by Federal Law-79 “On Civil Civil Service of the Russian Federation” dated July 27, 2004. This legislative act enshrines the main nuances of a civilian civil service, indicates the list of posts, conditions for accepting service, its performance and termination, the legal status of a civil servant, the articles of the law describe the provisions on how the civilian and municipal civil service, civilian civil society and other types of civil society are related , lists the principles of civil service, etc.

In addition to FZ-79, civilian civil service is regulated by the Constitution of the Russian Federation, FZ-58, presidential decrees, government decrees, laws of federal executive agencies and regulatory legal acts of the country's constituent entities, which establish the specifics of carrying out a civilian civil service.

GHS principles

The principles of civilian civil society include:

• the primacy of human rights and freedoms;
• unity of organizational and legal principles of the federal GS and GS of the regions;
• equal access to the service in question for all citizens, taking into account the requirements for candidates established by law, but regardless of race, gender, religion, nationality, official and property status, origin, place of residence of people, and also regardless of other characteristics not related to professional activities;
• competence and professionalism;
• GS interaction with public associations and people;
• accessible information about civilian civilian society;
• stability;
• protection of civil servants from unlawful interference in their official activities.

Civil public service is interconnected with other types of public service of the Russian Federation.Like other forms of HS, it has similar principles for its construction and is a link in the unified civil service system of the Russian Federation. Civil state and municipal services are also interconnected. This communication is provided by:

• common qualification criteria;
• uniform restrictions and duties at the time of service;
• uniform requirements for training;
• taking into account the experience of the civil service in calculating the municipal, and vice versa;
• consistency of basic social guarantees and remuneration;
• the conformity of the basic conditions of the pension provision of employees and their families in the event of the death of the breadwinner.

The main features of the GHS

The civilian civil service posts are divided into categories: managers, advisers (assistants), specialists and providing specialists. The civilian civil society groups include: senior, major, leading, senior and junior posts.

Persons over 18 years of age who speak the state language of the Russian Federation and qualify according to the qualification criteria established by the Federal Law are eligible to apply for the GHS. Qualification requirements include: the level of professional education, civil service experience or work experience in the specialty, the direction of training, professional skills and knowledge. Candidates for the posts of leaders, advisers, specialists and supporting specialists of the main and leading groups of positions of the Civil Society should have higher education.

Admission to the civil service of the person concerned is a result of a competition held by a specially convened commission. As a result of successful completion of this competition, a contract is concluded with a citizen, the validity of which may be limited (from one to five years) or not have an expiration date. The law also establishes the age limit of a person holding the position of civilian civilian party - 60 years (in exceptional cases - 65 years old, and for federal civil servants of the highest group leaders - 70 years old, by decision of the country's president).

Civil servants are required to undergo certification every three years. And if they want to get a class rank on their own initiative or upon maturity (for some categories of employees listed in part 2 of article 11 of FZ-79) - also pass a qualification exam.

At the time of admission to the service in question, a citizen is obliged to provide information about his property, income and property obligations, and in some cases similar information about his family members (spouse and minor children). Besides of this, civil servant obliged to provide information about their expenses (expenses of his family).

The salary of a civil servant is indexed annually and increases every year in proportion to the experience. For worked 1-5 years, 10% is added to wages, for 5-10 years - 15%, for 10-15 years - 20%, and over 15 years - 30%.

Prohibitions and restrictions related to civil service

A person may not hold civilian civil service positions in the event of:

• full or partial incompetence by a court decision;
• punishment for them in the form of a ban on holding relevant posts or in the presence of an unexpunged / outstanding conviction;
• the presence of certain diseases, the list of which is established by the federal executive body authorized by the Government of the Russian Federation;
• refusal of the procedure for obtaining access to information that is a state secret in cases where the performance of his duties by the position for which he claims to be filled or by a civil service post that is replaced by an employee is connected with the use of this kind of information;
• withdrawal from Russian citizenship or obtaining citizenship of another state;
• providing falsified documents or knowingly false information at the time of employment;
• close property or kinship (spouse, parents, children, sisters, brothers, spouses of children or children of spouses) with civil servants, in situations where the replacement of the post is connected with the direct control or subordination of one of them to another;
• refusal to provide or submit knowingly false information about the property at the time of employment;
• loss of trust on the part of the representative of the employer as a result of failure to comply with the prohibitions and restrictions, requirements for the suppression and resolution of conflicts of interest and failure to fulfill obligations that are established in order to combat corruption FZ-79 and other relevant laws;
• failure to perform military service on conscription without legal grounds (except for citizens who served under the contract).

An employee at a civilian civil service post is forbidden to perform some of the actions described in detail in FZ-79. Here are some of them:

• It is forbidden to fill GS positions if he is selected or appointed to state. a position elected to a position in a municipality body or elected to a paid position in a trade union body in a state body;
• It is forbidden to engage in entrepreneurship, to participate in the management of an economic entity (except for housing, garage or housing construction cooperatives, horticultural, summer cottage, gardening consumer cooperatives, a trade union and a partnership of real estate owners);
• it is forbidden to buy securities on which it is possible to receive income;
• it is forbidden to open and have accounts and store valuables in foreign banks located outside the territory of the Russian Federation;
• receive rewards, gifts from legal entities and individuals in connection with the performance of their duties;
• disclose confidential information obtained as a result of professional activities.

Public service is a multifaceted, multidimensional legal phenomenon that is interconnected with constitutional, administrative and labor law. This is an integral part, one of the fundamental links of Russian statehood. Therefore, the entire public service system and its types are separately detailed in detail governed by the legislation of the Russian Federation, and its implementation is controlled by competent authorities.